April 01, 2020
Whereas, HostExperts Web Hosting is an information provider connected to the Internet HostExperts Web Hosting offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize HostExperts Web Hosting’s server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, HostExperts Web Hosting can make no guarantee that any given reader shall be able to access HostExperts Web Hosting’s server at any given time.
HostExperts Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- If the customer wishes to cancel HostExperts shared Web Hosting services within ninety-seven (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
- Services provided by 3rd parties and HostExperts partners are not part of the 30-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. The customer can pre-authorize recurring transfers to HostExperts from a linked credit card account. If the customer provides an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, the customer agrees that HostExperts may use other payment methods linked to the customer’s bank account (such as new credit card credentials from your card issuer). After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
- “97-Day Money-Back Guarantee” offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable.
- Violations of Host Experts’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Host Experts’s discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any HostExperts account, at Host Experts’s discretion, may result in immediate and potentially permanent disablement of services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any services may be reactivated.
- HostExperts Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or HostExperts Web Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide HostExperts Web Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of HostExperts Web Hosting. HostExperts Web Hosting shall make no effort to validate this information for content, correctness or usability.
- Use of HostExperts Web Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- The Customer agrees that they have the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of HostExperts Web Hosting to provide this knowledge or Customer Support outside of the defined service of HostExperts Web Hosting.
- HostExperts Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- HostExperts Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- HostExperts Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to Host Experts’s customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by HostExperts is grounds for termination of all services.
- HostExperts Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. HostExperts Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of HostExperts Web Hosting is at the Customer’s own risk, and HostExperts Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Host Experts’s services represents the maximum achievable speed. HostExperts does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). HostExperts Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- HostExperts Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, HostExperts Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on HostExperts Web Hosting’s Server. HostExperts Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of HostExperts Web Hosting. If the Customer fails to modify the material, as directed by HostExperts Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
Trademarks & Copyrights
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
Hardware, Equipment, & Software
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access HostExperts Web Hosting.
- HostExperts Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the HostExperts Web Hosting service.
- HostExperts guarantees 100% uptime.
- Customer will receive HostExperts credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.
- Host Experts’s assessment of downtime begins when Customer opens a support ticket to report the problem.
- By using a promotional (“promo”) code you waive the option to indicate who referred you to Host Experts.
- You may not change/submit a promo code or referrer after you’ve finished signing up.
- Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with Host Experts.
- Customer agrees that it shall defend, indemnify, save and hold HostExperts Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against HostExperts Web Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostExperts Web Hosting against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with HostExperts Web Hosting’s Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on HostExperts Web Hosting Server.
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from HostExperts under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, HostExperts from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Partner Product Terms
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of HostExperts Web Hosting.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.